Chapter 6.08
BUSINESS LICENSES AND REGULATIONS – CARNIVALS AND SIDEWALK VENDING

Sections:

6.08.001    Purposes.

6.08.005    Liability for damages.

6.08.010    License – Required.

6.08.020    License – Application – Issuance.

6.08.021    Fee payment due date – Delinquencies.

6.08.023    Vehicle licenses – Transfer.

6.08.025    License appeals.

6.08.030    License – Contents – Exhibition on demand.

6.08.040    License – Nontransferability.

6.08.050    License – Revocation or forfeiture.

6.08.060    License – Term.

6.08.070    License – Evidence of liability.

6.08.080    License – Display.

6.08.090    Compliance with provisions required.

6.08.100    License – Tax deemed debt.

6.08.110    Violation – Penalty.

6.08.160    Carnivals.

6.08.180    Circuses, wild west shows, trained animal shows and menageries.

6.08.330    Sidewalk vending license.

6.08.331    Sidewalk vending – Definitions.

6.08.332    Sidewalk vending – License – Application.

6.08.333    Sidewalk vending – Application time limits.

6.08.334    Sidewalk vending – Items for sale.

6.08.335    Sidewalk vending – Location review.

6.08.336    Sidewalk vending – Design review.

6.08.337    Sidewalk vending – Fire marshal inspection.

6.08.338    Sidewalk vending – Insurance.

6.08.339    Sidewalk vending – Operating conditions.

6.08.340    Sidewalk vending – License – Denial, suspension or revocation.

6.08.341    Sidewalk vending – Violation a nuisance – Summary abatement.

6.08.001 Purposes.

This chapter is enacted as an exercise of the revenue and police power of the city, to raise funds and to preserve the public peace, health, safety and welfare, by regulating business activities that relate to carnivals and similar businesses and sidewalk vending as described in this chapter. The city does not intend to act in restraint of any trade, to create monopolies, or to discriminate against one business in favor of another; the provisions of this chapter are to be construed to attain these ends. An applicant under this chapter for a carnival or similar business or sidewalk vending business shall also comply with the terms for general business registrations as governed by Chapter 6.05 BMC. [Ord. 2012-10-047 § 7; Ord. 9077 § 3, 1982].

6.08.005 Liability for damages.

The city recognizes that it cannot solve all problems relating to businesses licensed under this chapter by enactment of this type of legislation; this chapter is therefore to be construed as an effort to make best possible use of available resources, and not an attempt to provide complete protection to all the city’s inhabitants.

A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or designate any particular class of persons who will or should be especially protected by its terms.

B. It is the specific intent of this chapter to place the obligation of complying with its terms on the licensee, and no provision of this chapter is intended to impose any duty whatsoever upon the city or any of its officers, for whom the implementation or enforcement of this chapter is discretionary and not mandatory.

C. Nothing contained in this chapter is intended to be, nor shall be construed to create the basis for any liability on the part of the city or its officers for any injury or damage resulting from the failure of the licensee to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city or its officers. [Ord. 9077 § 4, 1982].

6.08.010 License – Required.

It is unlawful for any person, company, or corporation to engage in or carry on any business, trade, profession, or calling, for the transaction of carrying on of which a license is required in the city under this chapter, without first procuring a license in accordance with this chapter and Chapter 6.05 BMC. No license granted under this chapter shall authorize the carrying on of any such trade, occupation, or public amusement beyond the limit of time for which said license has been granted; and the carrying on, conducting, or engaging in any of the trades, occupations, or public amusements or sidewalk vending in the city for which a license is required under the provisions of this chapter without having procured such a license therefor shall constitute a distinct and separate offense for each and every day that such business, trade, occupation or public amusement is engaged in, carried on or conducted. Such license is in addition to the general business registration required by Chapter 6.05 BMC. [Ord. 2012-10-047 § 8. Code 1980 at § 15.06.010].

6.08.020 License – Application – Issuance.

A. Any person desiring a license for an activity regulated by this chapter shall complete an online or written city business license addendum through the state of Washington’s Business Licensing Service, providing at least the following information:

1. The name, mailing address, and signature of the owner;

2. The business name of the owner, if relevant;

3. The location of the activity or a statement that the business is mobile;

4. The type of activity to be conducted;

5. The first date of business in the city of Bellingham;

6. Such other relevant information as may be required on the state of Washington’s license application form or by the city’s finance director.

B. Upon receipt of the completed application and any required fee, the finance director may refer the application to any other department of the city with a legitimate interest in such activities, for investigation and screening. Such investigation and screening shall be accomplished in no more than 10 days, unless the finance director extends the period for an additional 10 days for good cause.

C. The finance director may deny any license application if presented with sufficient evidence that the issuance would be contrary to the health, safety or welfare of the citizens of the city, or contrary to law. The finance director shall also have the authority to deny or revoke a license pursuant to BMC 6.05.230(A).

D. If the finance director is satisfied that there is no legitimate cause to deny the issuance of the license pursuant this chapter or BMC 6.05.230(A), he or she shall issue it. [Ord. 2012-10-047 § 8; Ord. 9077 § 5, 1982; Code 1980 at § 15.06.020].

6.08.021 Fee payment due date – Delinquencies.

A. All annual license fees of the city provided in this title shall be paid on or before the first day of January of the year for which they are payable.

B. For any such license fee paid after the fifteenth of January of any such calendar year, there shall be payable by the prospective licensee an additional 10 percent of the annual license fee fixed and determined by any of the ordinances of the city providing for annual license fees.

C. On any such annual license fee paid after the last day of February in any year, there shall be an additional fee of 10 percent, an additional 10 percent on fees paid after the last day of March of any year, an additional fee of 10 percent on annual fees paid after the last day of April of any year, and an additional fee of 10 percent on annual fees paid after the last day of May of any year, for a total penalty not exceeding 50 percent of the amount of the annual license.

D. Any person, firm, or corporation licensed under the terms of Chapter 6.06 BMC fixing the license fee upon a percentage of the gross revenues or franchise tax of the city on any person, firm, or corporation paying license fees based upon the franchise provisions of the City Charter is exempt and not subject to the terms of this section. Licenses under Chapter 6.04 BMC are exempt from the provisions of this section. The annual or biennial license and fees relating to bicycles and to dogs in the city are exempt from the provisions of this section. The provisions of this section do not apply to licenses for portions of the year, although nothing in this section is to be construed as to permit any firm, person, or corporation licensed under any of the ordinances of the city to do any act or engage in any business for which a license is required, without having first procured the license required by ordinance. [Ord. 10105, 1990; Ord. 9990 § 28, 1989; Code 1980 at § 15.34.010].

6.08.023 Vehicle licenses – Transfer.

All licenses for vehicles issued by the city pursuant to any ordinance of the city are transferable from one vehicle to another during the calendar or license year only upon the conditions of this section.

The transfer from one vehicle to another, or any vehicle license of any type except as provided otherwise in this title may be made upon the presentation of the finance director’s office of the original license issued, together with satisfactory evidence that the vehicle licensed has been placed out of service, or has been sold or transferred from or by any person, firm, or corporation owning the same, and upon payment of the fee of $2.00 a new license for the balance of the term of the license year may be issued by the finance director; that this section shall not apply to vehicles licensed under the provisions of Chapter 6.54 BMC. [Ord. 9990 § 28, 1989; Code 1980 at § 15.54.010].

6.08.025 License appeals.

An appeal by any person applying for, or holding, a license under this chapter, who is aggrieved by an action of the finance director or other city official in connection with a license, shall be governed by BMC 6.05.230(B), (C), (D) and (E). [Ord. 2012-10-047 § 9; Ord. 2002-10-069 § 8; Ord. 10478 § 2, 1993; Ord. 9077 § 6, 1982].

6.08.030 License – Contents – Exhibition on demand.

A. Each license issued under this chapter shall contain at least the name in full of the person to whom it is issued, the kind of business authorized, and the period of its validity. The license shall be signed by the finance director or his designee before becoming valid. Standard business licenses with the city shall be signed by the director of the state of Washington’s Department of Revenue.

B. Every person holding a license shall, upon demand, exhibit the same to any city officer or member of the police force of the city. [Ord. 2012-10-047 § 10; Ord. 9077 § 7, 1982; Code 1980 at § 15.06.040].

6.08.040 License – Nontransferability.

No license granted under this chapter shall be assignable or transferable except in the case of judicial sales. [Code 1980 at § 15.06.040].

6.08.050 License – Revocation or forfeiture.

A. A person holding a license found to be in breach of any ordinance of the city regulating the business therein licensed or convicted of any offense reasonably related to the business therein licensed, the finance director may declare such license forfeited without repayment and thereupon said license shall be forfeited. The finance director shall also have the authority to deny or revoke a license issued under this chapter pursuant to the grounds stated in BMC 6.08.020(C).

B. The conditions contained in this section shall be made a part of each license issued by the city. [Ord. 2012-10-047 § 11; Ord. 10478 § 3, 1993; Code 1980 at § 15.06.050].

6.08.060 License – Term.

The calendar year is adopted as the license year for the city and all licenses issued pursuant hereto shall be either annual or semiannual or quarterly licenses as provided in this chapter unless the context of this chapter otherwise expressly provides. Upon the payment of the full license fee, an annual license shall be issued and upon the payment of 60 percent of said fee, a semi-annual license shall be issued, and on and after September 30th of any year, a license may be issued to a new annual, semiannual or lesser period. Licenses, as provided in this section and all licenses which are or may be provided by any other ordinance or ordinances of the city except as expressly provided in this chapter shall expire on the thirtieth day of June and the thirty-first day of December of each year. [Code 1980 at § 15.06.060].

6.08.070 License – Evidence of liability.

In any action arising out of any provision of this chapter, the fact that the party thereto represented himself as engaged in any business or calling shall be conclusive evidence of the liability of such party to pay for a license. [Code 1980 at § 15.06.070].

6.08.080 License – Display.

Every person having a Washington State Business License with the city’s endorsement (business registration certificate) shall exhibit the same at all times while in force in some conspicuous place in his place of business or, if such person has no place of business, he shall carry the same with him. [Ord. 2012-10-047 § 12. Code 1980 at § 15.06.080].

6.08.090 Compliance with provisions required.

Any person, firm, or corporation desiring to engage in any of the trades, occupations, or public amusements in the city named and enumerated in this chapter shall comply with the conditions specified and shall pay the respective license fees as specified in this chapter. [Code 1980 at § 15.06.090].

6.08.100 License – Tax deemed debt.

The amount of any license imposed by this chapter shall be deemed a debt to the city and any person, firm, or corporation carrying on any trade, calling, profession, or occupation, or doing or maintaining anything mentioned in this chapter without having a license from the city so to do, shall be liable to any action in the name of the city in any court of competent jurisdiction for the amount of license imposed by this chapter on such person for carrying on such trades, callings, professions, or occupations, or doing or maintaining the things mentioned in this chapter. [Code 1980 at § 15.06.540].

6.08.110 Violation – Penalty.

A. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000 and shall be imprisoned for a period not to exceed 90 days.

B. Each person, firm, or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable therefor as provided by subsection (A) of this section. [Ord. 2012-10-047 § 13; Ord. 10388 § 13, 1992; Ord. 9077 § 8, 1982; Code 1980 at §§ 15.06.550 and 15.06.570].

6.08.160 Carnivals.

A. The license fee for carnivals and like amusements and attractions shall be $200.00 per day.

B. No such licensee shall be permitted the use of any street, highway, alley, public place or part thereof without the written permission of the director of public works on such policy and procedure as shall be adopted by the department of public works.

C. No carnival, fair or other like amusement, whether licensed or not, shall operate within a space of 300 feet of any school or church building within the city limits.

D. No person, firm, or corporation shall receive or be issued a license for a carnival or like amusements without executing or delivering to the finance director a good and sufficient bond in the penal sum of $1,000 or cash in lieu of such bond, conditioned on the payment of all damages to the streets and alleys of the city by reason of such equipment, and upon the further condition that licensee reimburse the city for any and all costs to which it may be put by reason of the failure of such licensee to leave public places where it has exhibited in a clean and sanitary condition, and for a payment to the city of the full amount of such license fee, amusement tax, and other charges, payable according to the provisions hereof, or according to the provisions of any other ordinance of the city.

E. Three amusement rides unassociated with any show or concessions are not deemed to be a carnival, and may receive a permit from the director of public works without the payment of the $200.00 per day license fee for carnivals. [Ord. 8724 § 9, 1978; Code 1980 at § 15.06.170].

6.08.180 Circuses, wild west shows, trained animal shows and menageries.

A. Every person, firm, association or corporation, exhibiting in the city any circus, wild west show, trained animal show, menagerie, circus and menagerie, or wild west show and menagerie, or a combination of any of them, or any amusement company traveling under any other name, presenting or advertising for exhibition, acts or features common to and usual in circuses, wild west shows, or trained animal shows, shall pay to the city for the privilege of exhibiting or conducting the same a license fee based upon maximum seating capacity of such exhibition according to the following schedule:

1. A seating capacity of less than 1,000 persons, $125.00 for the first day and $75.00 for each additional day;

2. A seating capacity of not less than 5,000 persons and not more than 8,000 persons, $300.00 for the first day and $175.00 for each additional day;

3. A seating capacity of not less than 8,000 persons and not more than 11,000 persons, $500.00 for the first day and $300.00 for each additional day;

4. A seating capacity of 11,000 persons or more, $750.00 for the first day and $400.00 for each additional day.

B. An additional license fee of $500.00 per day shall be paid for every sideshow, exhibition, entertainment or after show, in connection with any of the shows or exhibitions mentioned, when a separate fee is charged therefor.

C. Every person conducting, managing, or carrying on any procession or parade in connection with any of the shows or exhibitions set forth in this section and not having a license for any such show or exhibition within the city shall pay $500.00 for each procession or parade.

D. It shall be the duty of the finance director to issue to any such person, firm, association, or corporation, the license provided for in this section upon their presenting to him a receipt from the city treasurer showing the payment to such treasurer of the amount provided in this section together with the bond required by subsection (G) of this section. The application for such license shall be made under oath, which application shall set forth the maximum seating capacity of such exhibition.

E. No person, firm, association, or corporation shall exhibit or participate in the exhibition of any circus, wild west show, trained animal show, circus and menagerie, or wild west show and menagerie, or any combination of them, either as owner or proprietor, manager, superintendent, agent, servant or employee thereof, or assist directly or indirectly in such exhibition, unless the license fee therefor is duly paid and a license for the exhibition of same shall have been duly issued to the person, firm, association or corporation, exhibiting the same, and is in force.

F. The provisions of this chapter are not intended to and shall not apply to persons presenting trained animals or wild west acts in theaters or where presented as a part of a regular vaudeville or theatrical entertainment.

G. At the time of granting said license and before any such person, firm, association, or corporation shall open for exhibition any circus, wild west show, trained animal show or menagerie, or any combinations thereof within the city, such person, firm, association, or corporation shall execute and deliver to the finance director a good and sufficient bond in the penal sum of $500.00 conditioned on the payment of all damages to the streets and alleys of the city by reason of their equipment, and upon the further condition to reimburse the city for any and all cost to which it may be put by reason of their failure to leave the grounds wherein they exhibited in a clean and sanitary condition, and for the payment to the city of the full amount of such license fee payable by such applicant according to the provisions of this chapter. [Code 1980 at § 15.06.190].

6.08.330 Sidewalk vending license.

No person shall conduct businesses herein defined on any city sidewalk without first obtaining a license from the department of finance and paying the required fee. It shall be unlawful for any person to sell any goods or services on any sidewalk within the city of Bellingham except as provided by this chapter.

All persons conducting business on a sidewalk must display in a prominent, visible manner, the license issued by the finance director.

Sponsors of special events shall obtain a sidewalk vendor’s license upon payment of a single application fee of $60.00 for the entire event. Special events licenses shall be exempt from the license fee, as well as BMC 6.08.332(C) and (D), as 6.08.333, 6.08.335, 6.08.336 and 6.08.337. Closure of the street portion of the public right-of-way must be approved pursuant to Chapter 13.14 BMC. If streets are closed, vendors’ devices may remain overnight. Special event licensees shall provide the finance director with a list of participating vendors.

The following are exempt from the requirements of this chapter relating to sidewalk vendors:

A. Persons selling produce and other food products produced by themselves, who are exempted by RCW 36.71.090.

B. Businesses selling goods in the open, adjacent to, or at their permanent place of business. [Ord. 9710, 1987; Ord. 9383, 1984].

6.08.331 Sidewalk vending – Definitions.

For the purposes of BMC 6.08.330 through 6.08.341, the words set out in this section have the following meanings:

“Conduct business” means the act of selling services or personal property, including food items, for immediate delivery.

“License operating area” means the sidewalk area for which a vending license has been issued.

“Sidewalk” means the portion of the street between the curblines or the edge of a roadway and the adjacent property line. [Ord. 9710 § 3, 1987; Ord. 9383 § 1, 1984].

6.08.332 Sidewalk vending – License – Application.

Each application for a license to conduct business on a sidewalk shall be accompanied by a $60.00 application fee, except when the application is for a vending operation substantially the same as that licensed for the preceding year. The application fee is nonrefundable and in addition to the license fee. The annual license fee of $75.00 shall be collected prior to issuance of the license.

Application for a license to conduct business on a sidewalk shall be made at the office of the finance director on forms supplied by the director. A separate application shall be required for each mobile container or device to be used for transportation or display, or each operating location. Such application shall include the following information:

A. A detailed description of the items sold or services rendered;

B. A signed statement that the licensee shall hold harmless the city, its officers and employees, for all loss, cost or expense and for any claims for damage to property or death or injury to persons which may result from or occur in connection with the issuance of the license or any activity carried on by the licensee or in connection with the licensee’s business. The licensee shall remain solely responsible for the design, location, plans and specifications of the means of business and any loss resulting therefrom, notwithstanding any review or approval by city, as required herein;

C. A description of the equipment and fixtures to be used for transportation or display of approved items or services;

D. The proposed location for conducting business and the written consent of the property owner(s) adjacent to the license operating area, along with a signed statement that the licensee shall hold harmless the adjacent property owner for any claims for damage to property or injury to persons resulting from operating the licensee’s business. The consent and hold harmless statements must be submitted on a form provided by the finance director. [Ord. 9560 § 1, 1986; Ord. 9383 § 1, 1984].

6.08.333 Sidewalk vending – Application time limits.

A. The applicant must complete all necessary reviews and inspections and submit documentation to the finance director within 60 days from the date of location approval. Failure to meet this requirement shall result in cancellation of the application and forfeiture of the application fee. The finance director may extend this time limit, upon written request that there is a reasonable need.

B. The finance director shall either deny or issue the permit within 30 days after a complete application has been submitted. [Ord. 9383 § 1, 1984].

6.08.334 Sidewalk vending – Items for sale.

The director of planning and community development shall approve any item or service for sale by sidewalk vendors based on the following criteria:

A. Items or services shall involve a short transaction period to complete the sale or render the service;

B. Items shall not cause undue noise or offensive odors;

C. The sale shall not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk;

D. Items must be immediately consumable or easily carried by pedestrians. [Ord. 2012-10-047 § 14; Ord. 9383 § 1, 1984].

6.08.335 Sidewalk vending – Location review.

Upon receipt of an application for a license, the department of planning and community development shall review the proposed business operating area to determine if it is suitable for sidewalk vending. In making this determination, the department of planning and community development shall consider the following criteria:

A. The license operating area must be adjacent to property in a commercial zone.

B. No application will be approved for a license operating area within which a current license has been issued or an application is pending.

C. The license operating area must be compatible with the public interests in use of the sidewalk as a public right-of-way. In making such determination, the department of planning and community development shall consider the width of the sidewalk, the proximity and location of existing street furniture, including but not limited to signposts, lampposts, parking meters, bus shelters, benches, phone booths, street trees and designated newspaper machine areas, as well as the proximity of bus stops, loading zones, taxi zones or school zones to determine whether the proposed use would result in pedestrian or street congestion.

D. A sidewalk vendor may not locate within 10 feet of the intersection of the sidewalk with any other sidewalk, except that this restriction may be waived in writing by the director of planning and Community development upon finding that construction of extra-width sidewalks makes such use consistent with the standards established in subsection (C) of this section. [Ord. 9383 § 1, 1984].

6.08.336 Sidewalk vending – Design review.

A. The applicant for a sidewalk vendors’ license shall submit detailed scale drawings of the device to be used, material specifications and drawings showing all four sides of the vending device and any logos, printing or signs which will be incorporated. Color schemes must be indicated on the drawings. For existing vending devices, five-inch by seven-inch color photographs may be substituted for drawings.

B. The design review committee of the department of planning and community development shall develop a handbook for applicants as a guide to the design of vending devices and the appropriateness of products or services. The design review committee shall review the vendor’s proposal based on the degree to which the proposal will enhance the attractiveness of the pedestrian environment in the commercial zones of the city. The committee may approve, deny or recommend approval conditions on design modifications. [Ord. 9383 § 1, 1984].

6.08.337 Sidewalk vending – Fire marshal inspection.

Prior to the issuance of any license, the fire marshal shall inspect any mobile device or pushcart to ensure the conformance of any cooking or heating apparatus with provisions of the city fire code. [Ord. 9383 § 1, 1984].

6.08.338 Sidewalk vending – Insurance.

Prior to issuance of the license, licensee shall, at its own expense, obtain such liability insurance as will protect licensee, adjacent property owners and city from any and all claims for damage to property or death or injury to persons which may arise or result from operations or activities under the license, the issuance of the license, or otherwise in connection with the license. Such insurance shall provide coverage of not less than $300,000 per occurrence for property damage or injury to persons and shall name as additional insured the city, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the expiration of the license and any renewals thereof without at least 30 days’ written notice to the finance director. Licensee shall provide a certificate of such insurance to the finance director prior to the commencement of any operations under the license. [Ord. 9383 § 1, 1984].

6.08.339 Sidewalk vending – Operating conditions.

A. All persons conducting business on a sidewalk must pick up any refuse or debris and clean up liquid spillage deposited by any person on the sidewalk or street within 25 feet of the vendor’s business location. Each person conducting business on a public sidewalk under the provisions of this chapter shall carry a suitable container for the placement of such litter by customers or other persons. City litter receptacles may not be used for this purpose.

B. Noise-making devices, loud shouting or yelling to attract attention or advertise goods shall not be permitted.

C. No licensed cart or device shall be left unattended on the sidewalk nor remain on the sidewalk between midnight and 6:00 a.m., except as allowed under BMC 6.08.330.

D. All persons conducting business on the sidewalk shall obey any order of a police officer to temporarily move a vending cart to avoid congestion or obstruction of the sidewalk. [Ord. 9383 § 1, 1984].

6.08.340 Sidewalk vending – License – Denial, suspension or revocation.

A. The finance director may immediately revoke or suspend the license, or deny either the issuance or renewal thereof, of any person to conduct business on the sidewalks of the city if he finds:

1. That such person has violated or failed to meet any of the provisions of this chapter;

2. That the cart or operation has become detrimental to surrounding businesses or the public due to either appearance or condition of the cart;

3. Any required licenses have been suspended, revoked or canceled; or

4. The licensee does not have a currently effective insurance policy in the minimum amount provided in BMC 6.08.338.

B. Upon denial, suspension or revocation, the finance director shall immediately notify the license holder or applicant of the action he has taken and the reasons therefor. [Ord. 9383 § 1, 1984].

6.08.341 Sidewalk vending – Violation a nuisance – Summary abatement.

The placement of any stand or cart on any sidewalk in violation of the provisions of this chapter is declared a public nuisance. The finance director may cause a removal of any stand or cart found on a sidewalk in violation of this chapter under the provisions of BMC 10.28.030, and is authorized to store such cart or stand until the owner thereof shall redeem it by paying the removal and storage charges. [Ord. 9383 § 1, 1984].